Battle of the Forms

General Information

Description

You have learned the importance of having good contract and credit terms. In today’s world, electronic and facsimile mail is sent back and forth between you, your customers, or your vendors discussing a sale of goods. What if nothing is ever signed? When do you have an enforceable contract? Will the terms in the offer or the terms in the purchase order control when they are in conflict? How do you win the “Battle of the Forms” in a Uniform Commercial Code sale of goods?

It is easier to establish terms in an initial offer. It is more difficult to change terms in a response. The party that sent the initial offer has an advantage. All buyers and sellers would prefer to “fire the first shot” in the Battle of the Forms by making the first firm offer.

Presenters

Jim Fullerton, Esq. is an attorney licensed in Virginia, Maryland, and the District of Columbia with the law firm of Fullerton & Knowles, P.C. The firm represents material suppliers, general contractors, owners, lenders, design professionals, subcontractors, and other members of the real estate and construction industries, filing mechanic’s liens, surety bond and other construction claims across all of the states in the Mid Atlantic region; represents creditors in bankruptcy issues nationwide, particularly defense of bankruptcy preference claims; advises on all real estate and construction law issues; contract formation and disputes; defects in labor and materials; design defects in plans and specifications; inefficiency, impact and delay claims; litigation, arbitration and mediation in public and private projects. The firm’s Construction Law Survival Manual is well known and widely used by participants in the construction process. The 660 page manual provides valuable information about construction contract litigation, mechanic’s liens, payment bond claims, bankruptcy and credit management and contains over 30 commonly used contract forms. All of this information and recent construction law issues are constantly updated on the website www.FullertonLaw.com

Unclaimed Property Compliance Process

General Information

Description

Unclaimed property compliance and enforcement is on the rise, and failing to educate yourself with the latest rules and regulations could put your organization at risk. If your company is not in compliance with all 55 reporting jurisdictions, an audit can result in significant financial fines and penalties. This presentation reviews the unclaimed property reporting process, including the records required for evaluation, how potential risks are determined, and when, where and how to properly file your unclaimed property report(s). Compliance is the law and ignoring the regulations required by each state will only put your organization at risk.

Presenters

Lisa Montelbano, a manager with Keane Unclaimed Property, has more than 19 years of diverse and extensive experience in the financial service industry. Lisa brings a deep and unique background in the securities industry coupled with several years of unclaimed property consulting experience. Her expertise includes regulatory reporting, internal audit, Sarbanes-Oxley Section 404 compliance and business analysis. Lisa previously served as vice president of operations control and regulatory reporting where she managed the unclaimed property process at an international investment bank. Lisa also served as an unclaimed property consultant with a Big 4 accounting firm and worked as part of a global project management and product development team as a business analyst.

Brett M. Sheppard, CPA, a senior consultant with the Consulting and Advisory Services team of Keane Unclaimed Property, which he joined February 2013. His expertise includes identification and remediation of liabilities in accounts payable, payroll, accounts receivable, equity and benefits. Brett works closely with clients to identify unclaimed property liability, perform unclaimed property risk assessments and provide audit and voluntary disclosure assistance. He assists clients in the development of comprehensive unclaimed property policies and procedures that promote compliance with the various state unclaimed property regulations. Brett previously served as a staff auditor for the Office of Legislative Audits in Baltimore, Maryland.